Holder makes new move to shorten drug sentences

3/13/14 12:01 AM EDT

Attorney General Eric Holder is making a new move to shorten sentences in federal drug cases by backing a plan that would cut prison terms for many drug convicts by an average of nearly a year, a Justice Department official said.

At a meeting Thursday of the U.S. Sentencing Commission, Holder plans to announce his support for a change that panel recommended in January, said the official — who asked not to be named. That change would affect suggested sentences for about 70 percent of federal drug trafficking convicts. Those with moderate amounts of drugs would see reductions, while those involved with small or large quantities would not benefit, the official said.

The change won't be voted on by the commission until at least April, but the official said that in the meantime Holder will instruct federal prosecutors not to oppose defense motions seeking sentences in the proposed, lower ranges. Under the proposal, the average federal sentence for drug trafficking would drop from 62 months to 51 months, the official added.

Most federal judges sentence most convicts within the guidelines range. In 2005, the Supreme Court ruled that judges must calculate and consider the recommended sentence, but do not have to follow it.

Holder's endorsement of the lower sentences is part of the Obama administration's "Smart on Crime" initiative, which seeks to reduce the burgeoning federal prison population and associated costs, while preserving public safety. The change the attorney general will endorse Thursday will cut the Bureau of Prisons inmate count by approixmately 6550 at the end of five years.

"Too many Americans go to too many prisons for far too long and for no truly good law enforcement reason," Holder said last year.

The initiative also involves promoting drug and veterans courts as well as diversion programs. In addition, Holder has instructed prosecutors to draft criminal charges for low-level drug offenders in ways that will not trigger mandatory minimum sentences mandated by Congress.

If and when the new sentencing guidelines are approved, prisoners who were already sentenced and would be eligible for a shorter sentence, can apply to a judge to be resentenced.